National Insurance Company Ltd. vs Atul And 2 Others
2023 Latest Caselaw 15899 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Neutral Citation No. - 2023:AHC:111354
 
Before National Lok Adalat
 
High Court of Judicature at Allahabad
 
Court No. - 48
 

 
Case :- FIRST APPEAL FROM ORDER DEFECTIVE No. - 69 of 2017
 

 
Appellant :- National Insurance Company Ltd.
 
Respondent :- Atul And 2 Others
 
Counsel for Appellant :- Saral Srivastava (Elevated),Nishant Mehrotra
 

 
Hon'ble Kshitij Shailendra,J.

1. Shri Sanjeev Tiwari, Regional Manager, the authorized representative of Insurance Company identified by Sri K.S. Chaudhary, Advocate, is present and has submitted an application requesting for dismissal of appeal as withdrawn/not pressed. The contents of application read as under:-

"(i). This appeal was instituted on certain arguable issues but during the pendency, the Apex Court as well as this Court has given judgments deciding the issue against appellant nothing remained to argue in this case in the light of various judgments passed by Hon'ble Apex Court as well as High Courts. Therefore, there is no reason to pursue this appeal thus give consent for dismissal of appeal as not pressed.

(ii). The appellant has moved this application under his/her free will and consent without any coercion/pressure of any kind.

(iii). The whole decreetal amount, as awarded, if not already paid, shall be paid within two months from today.

(iv). Amount deposited at the time of filing of appeal, if not already remitted by court below, be remitted forthwith and be allowed to be withdrawn by respondent.

(v). The appeal may be dismissed as withdrawn/not pressed.

(vi). This withdrawal shall not affect right to contest in case there is any Cross Appeal/ Cross Objection filed by Claimant(s) is pending, as on date, that may be listed before the Court for disposal in accordance with law."

2. The withdrawal application is marked by letter 'X' and is taken on record.

3. In view of above, appeal stands dismissed as withdrawn/ not pressed.

4. The record of Tribunal, if received, shall be remitted forthwith.

Order Date :- 21.5.2023

AKShukla/-

(Manish Tandon, Adv.) (Kshitij Shailendra, J.)